Gujarat Court January 2005 Judgments
Sudha Kaushik @ Suda Sharma Vs. Umesh Prasad Kaushik S/O. Jagdish P. K ...
Court: Gujarat
Decided on: Jan-29-2005
Reported in: AIR2005Guj244
Jayant Patel, J.1. The short facts of the case are that the petitioner is the wife and the respondent is the husband. The respondent filed petition for divorce being H.M. Petition No.203/2001 in the Court of Civil Judge, Vadodara under Section 13 of the Hindu Marriage Act (hereinafter referred to as the 'Act'). It appears that in respect to the summons issued by the Civil Court at Vadodara, the petitioner filed application for the preliminary issue on the question of jurisdiction being Application Ex.10 praying to decide the preliminary issue as to whether the Court has jurisdiction to entertain the divorce petition filed by the applicant therein. The respondent hrein who was the applicant in the petition filed a reply and ultimately the learned Judge trying the petition dismissed the application of the petitioner herein as per the order dated 24.4.2002 and the petitioner has approached this Court by preferring this petition challenging the said order passed by the learned Civil Judge....
Tag this Judgment!Employees State Insurance Scheme Vs. Damjibhai Chakubhai Patel
Court: Gujarat
Decided on: Jan-28-2005
Reported in: (2005)1GLR603
K.M. Mehta, J.1. The State of Gujarat, through the Employees State Insurance Scheme, through its Director of Medical Services, E.S.I. Scheme, Ahmedabad, appellant - original petitioner (herein after referred to as petitioner) has filed this appeal under clause 15 of the Letters Patent against the judgment and order dated 14.8.2001 passed by the learned single Judge in Special Civil Application No. 9316 of 1993. The learned single Judge, by the impugned judgment and order, has partly allowed the petition filed by the petitioner. The learned Judge also modified the award dated 28.12.1992 passed by the Labour Court, Valsad, in Reference (LCV) No. 1718 of 1990, to the extent that Damjibhai Chakubhai Patel - opponent original respondent (hereinafter referred to as respondent), Medical Officer in Ayurvedic Division, shall be entitled to 40% back wages for the period from 27.4.1989 till he is reinstated in service. The learned Judge confirmed the rest of the award and made the rule absolute t...
Tag this Judgment!Mafatlal Engineering Indus. Ltd. Vs. Ishwarbhai K. Makwana
Court: Gujarat
Decided on: Jan-28-2005
Reported in: (2005)2GLR1230
B.J. Shethna, J.1. Both these petitions are heard and disposed of by this common order as they are arising out of the impugned common Judgment and Award dated 7.8.1993, passed by the Labour Court, Vadodara, in Ref. (LCB) No. 935 of 1984, whereby the Labour Court set aside the order of termination of the workman and order to reinstate him in service with 25 % of back wages and continuity in service and all other benefits of service.2. The employer Mafatlal Engineering Industries Ltd. has challenged the impugned Judgment and Award passed by the Labour Court ordering reinstatement of the workman with 25 % back wages, whereas the workman has filed Special Civil Application No. 8580 of 1994 claiming remaining back wages of 75 % which was not granted to him by the Labour Court while passing the order of reinstatement in service.3. The workman Ishwarbhai Kanjibhai Makwana was serving in Painting Department of the factory of the Employer Mafatlal Engineering Industries Ltd. He was served with ...
Tag this Judgment!State of Gujarat Vs. Ashokkumar Shantilal Doshi
Court: Gujarat
Decided on: Jan-27-2005
Reported in: [2005(107)FLR1041]; (2005)3GLR2000
B.J. Shethna, J.1. The petitioner-State of Gujarat has challenged in this petition filed under Articles 226 / 227 of the Constitution of India the impugned judgment and order dated 7.12.1993 passed by the Gujarat Civil Services Tribunal, Gandhinagar (for short 'the Tribunal') partly allowing the Appeal No. 167/93 filed by the respondent-original appellant before it whereby the learned Tribunal interfered with the order of penalty imposed against the respondent-original appellant and reduced the penalty from dismissal to reducing to a lower stage in time scale of pay which the petitioner was getting on the date of his suspension for a period of 5 years with a direction that he shall not earn any increment of pay during the period of such reduction and with further direction that on the expiry of such period of 5 years the reduction will not have the effect of postponing the further increment of pay.2. The respondent-original appellant had joined service in the Revenue Department on 8.11...
Tag this Judgment!Geb Vs. Anand Ambavi Shaparia
Court: Gujarat
Decided on: Jan-24-2005
Reported in: IV(2005)ACC146; AIR2005Guj281
J.N. Bhatt, J.1. In this First Appeal, the only short question is whether, the factum of fire and resultant damage to the agricultural field and the product lying on it, at the relevant time is due to the electrocution, upon snapping of live wire of 11 KV at the relevant time has been established to the hilt or not. The Trial Court has threadbare discussed the evidence and has reached to a conclusion, which indubitably been justified by the evidence on record. Since this is a First Appeal, we do not require to call for record and proceedings for the simple reason that, we were supplied entire set by the learned Advocate appearing for the appellant at the admission stage itself. We have dispassionately considered and examined the evidence, which fully supports the resultant conclusion in the decree challenged before us.2. The evidence of the plaintiff at Exh. 52 is significantly reinforced by the evidence of one Mr. Ashok Gopalbhai Javia at Exh. 56 and one Mr. Dipak Nanjibhai Sinojia wh...
Tag this Judgment!Kay Bee Tex SpIn Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Gujarat
Decided on: Jan-24-2005
Reported in: 2005(184)ELT133(Guj)
B.J. Shethna, J.1. In the first session, when this matter was called out, Mr. Rao for the petitioner had prayed for time on the ground that today he is served with the reply affidavit filed by the learned standing counsel Shri Malkan for the respondents. We have refused the request and the matter was kept after recess at 2.15 p.m. After recess, when this matter was called out, Mr. Rao was not present. However, learned standing counsel Shri Malkan for the respondents was present. He submitted that on the advance copy of this petition being served upon him, he appeared before the learned vacation Judge Shri K.S. Jhaveri, J. on 7-1-2005 and also placed on record the copy of the judgment and order of this court delivered on 10-9-2004 in Special Civil Application No. 11489 of 2004 and submitted that the petition was required to be dismissed in view of the said judgment of this Court. However, in spite of the direct judgment of the Division Bench of this court, the learned vacation Judge on ...
Tag this Judgment!Minor Rajubhai Galbabhai Thuri Thro. Guardian Vs. Prakashbhai Dhulabha ...
Court: Gujarat
Decided on: Jan-20-2005
Reported in: IV(2005)ACC564; 2006ACJ818; (2005)2GLR1616
C.K. Buch, J.1. The present petition is taken up for final disposal. A part of the order dated 22nd May, 2002, passed by the Motor Accident Claims Tribunal, District Sabarkantha at Himatnagar, is challenged by way of present petition under Article 226/227 of the Constitution of India.2. The grievance of the petitioner is that though minor injured has been awarded the amount of compensation while disposing the application preferred under Section 140 of the Motor Vehicle Act (for short 'the Act'), and passing interim award, the ld. Presiding Judge has directed to deposit/invest the entire sum with a nationalized bank, situated within the native district of the petitioner in the joint name of his father as guardian. The Court has awarded the interim compensation of Rs. 25,000/- under the clause of 'no fault liability'. It is true that this Court and the Apex Court in number of cases have held that the interest of a minor should be protected and the amount of compensation awarded to the mi...
Tag this Judgment!Bhairavi Exim P. Ltd. Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Jan-20-2005
Reported in: 2005(185)ELT342(Guj)
B.J. Shethna, J.1. Heard learned Counsel for the parties. By letter dated 17.7.2002 (Annexure : E) the Superintendent, Central Excise, A.R.IV, Div. V. Ahmedabad, directed the petitioner not to carry out any further removal of raw-materials/semi finished goods/finished goods under Self Removal Procedure and the SRP facility of the unit was withdrawn till further orders. Thereafter, by letter dated 26.7.2002 the Deputy Commissioner, Central Excise, Division V, Ahmedabad I, directed the petitioner to pay up the duty liability involved in three cases within 10 days of receipt of the said letter, failing which the office may initiate enforcing their B/17 Bond and/or launching offence case against them on the ground that three Exports effected by their merchant Exporter M/s. Systematic Corporation, Mumbai, were not at all effected and the proof of export submitted by them to their office was forged (Annexure : F). Aggrieved by this the petitioner has approached this Court by way of this peti...
Tag this Judgment!Apurva J. Parekh Vs. Essen Computers Ltd.
Court: Gujarat
Decided on: Jan-19-2005
Reported in: [2006]129CompCas121(Guj); [2005]61SCL254(Guj)
K.A. Puj, J.1. The petitioners, namely, Shri Apurva J. Parekh, the Ex-Director of Essen Computers Limited as petitioner No. 1 and Essen Finance and Investment Limited, a Company registered under the Companies Act, 1956 as petitioner No. 2, have filed this petition to obtain the sanction of this Court to the scheme of compromise proposed by the petitioners with the Loan Creditors, Secured Creditors, Creditors for goods and expenses and Statutory Creditors of the Company, namely, Essen Computers Limited (In Liquidation).2. The Company was floated in the year 1984. The Company was mainly dealing in Computers, peripherals, modules, instruments, hardware, software and systems. After successful beginning, on account of various reasons beyond the control of the management, the company suffered heavy financial losses. The main reason for such financial losses was the failure of the Eastern block market and set back suffered by the hardware industries in the country. As a result thereof, the Co...
Tag this Judgment!Commissioner of Income Tax Vs. Ig Gandhi Silk Mills Ltd.
Court: Gujarat
Decided on: Jan-19-2005
Reported in: (2005)195CTR(Guj)253; [2005]274ITR274(Guj)
D.A. Mehta, J.1. The Income Tax Appellate Tribunal Ahmedabad Bench 'C' has referred the following question under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of the Commissioner of Income Tax, Surat :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the liability pertaining to excise duty in the present case was an 'ascertained liability' within the meaning of that expression in clause (c) of explanation in Section 115J(1) of the I.T. Act, 1961 ?' 2. The Assessment Year is 1988-89 and the relevant accounting period is the year ended 31st October, 1987. The assessee, a Private Limited Company, worked out assessable income at Rs. NIL but the return of income declaring total income of Rs. 15,732/- under Section 115J of the Act was filed on 30th June, 1988. Net profit as per Profit & Loss A/c. was Rs. 52,439/-. The Assessing Officer computed taxable income under provisions of Section 115J of the Act ...
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